Abstract
International human rights courts and bodies have traditionally enforced social rights within constrained frameworks, such as “available resources” and “minimum provision,” often overlooking deeper structural inequalities and urgent global challenges. This paper advocates for a paradigm shift grounded in the capabilities framework, reconceptualizing rights to encompass sustainability, harmony, and human flourishing. Drawing on indigenous philosophies from Latin America, I propose strategies to strengthen enforcement mechanisms, including the establishment of specialized human rights courts, equitable taxation systems, and regenerative economic models. By aligning human rights with capabilities and ecological stewardship, this paper illustrates their potential to address poverty, inequality, and climate change while fostering a more just and sustainable global framework.
Recommended Citation
Christian Gonzalez Chacon,
Rethinking Social Rights from Latin America,
31 Wash. & Lee J. Civ. Rts. & Soc. Just. 71
(2025).
Available at: https://scholarlycommons.law.wlu.edu/crsj/vol31/iss1/5
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